Statement of Objects and Reasons
appended to the Constitution
(Eighty-sixth Amendment) Bill, 1995 which was enacted
as
THE CONSTITUTION (Seventy-seventh Amendment)
Act, 1995

STATEMENT OF OBJECTS AND REASONS

The Scheduled Castes and the Scheduled Tribes
have been enjoying the
facility of reservation in promotion since 1955. The Supreme Court in
its judgment dated 16th November, 1992 in the case of Indra Sawhney
and Others vs. Union of India and Others, however, observed
that
reservation of appointments or posts under article 16(4)
of the
Constitution is confined to initial appointment and cannot extent to
reservation in the matter of promotion. This ruling of the Supreme
Court will adversely affect the interests of the Scheduled Castes and
the Scheduled Tribes. Since the representation of the
Scheduled
Castes and the Scheduled Tribes in services in the States have not
reached the required level, it is necessary to continue the existing
dispensation of providing reservation in promotion in the case of the
Scheduled Castes and the Scheduled Tribes. In view of the commitment
of the Government to protect the interest of the Scheduled Castes and
the Scheduled Tribes, the Government have decided to continue
the
existing policy of reservation in promotion for the Scheduled Castes
and the Scheduled Tribes. To carry out this, it is necessary to amend
article 16 of the Constitution by inserting a new clause (4A) in the
said article to provide for reservation in promotion for the Scheduled
Castes and the Scheduled Tribes.

2. The Bill seeks to achieve the aforesaid
object.

NEW DELHI;
SITARAM KESRI.

The 31st May, 1995.

THE CONSTITUTION (SEVENTY-SEVENTH AMENDMENT)
ACT, 1995

[17th June, 1995.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-sixth Year
of the Republic of
India as follows:-

1. Short title.-This
Act may be called the Constitution
(Seventy-seventh Amendment) Act, 1995.

2. Amendment of article 16.-In article 16
of the Constitution, after
clause (4), the following clause shall be inserted, namely:-

"(4A) Nothing in this article shall
prevent the State from making any
provision for reservation in matters of promotion to any class
or
classes of posts in the services under the State in favour of
the
Scheduled Castes and the Scheduled Tribes which, in the opinion of the
State, are not adequately represented in the services
under the
State.".